People ex rel. Jones v. New York State Division of Parole

OPINION OF THE COURT

Joseph Fisch, J.

*938While on parole, petitioner parolee was arrested for an alleged sale of drugs, resulting in the revocation of his parole. The matter was then presented to a Grand Jury which returned a no true bill. He thereupon brought a writ of habeas corpus for his release contending that the Grand Jury’s refusal to indict him for said alleged drug sale, the basis of the parole violation, collaterally estopped the Parole Board from revoking his parole. Under the unique circumstances of this case, the court found in favor of petitioner parolee and ordered his release for…